UNITED INDIA INSURANCE COMPANY LTD Vs. S THANGARAJ

JUDGEMENT

(1.) The Insurance company which suffered an award on payment of Rs.15,53,000/- with interest at 7.5% per month in M.C.O.P.No.1256 of 2012 on the file of the Motor Accident Claims Tribunal (V Court of Small Causes, Chennai) has come forward in this appeal challenging the liability as well as the quantum.

(2.) The claim petition was preferred by the respondent 1 and 2 herein. The deceased namely T.Sampathkumar aged about 26 years died in the motor accident that occurred at 00:45 hrs on 01.01.2012. According to the claimants (respondents 1 and 2), while he was travelling as a pillion rider in the motor cycle bearing registration No.TN-06-C-1481 which was owned and driven by the 3rd respondent herein on the new year day, the driver of the vehicle drove it in a rash and negligent manner and dashed against the road divider. As a result of the accident, the deceased Sampathkumar sustained injuries in neck causing instantaneous death. The claimants sought for a compensation of Rs.10,00,000/-.

(3.) The Insurance company resisted the claim contending that the vehicle namely, the motor cycle bearing registration No.TN-06-C-1481 was not involved in the accident. It was also contended that the First Information Report doest disclose the involvement of the vehicle. It is, further contention of the Insurance company that the quantum of compensation claimed is excessive. The Tribunal on consideration of evidence of PW1 and PW2 as well as Ex.P1 to P11 marked on the side of the claimants concluded that the accident occurred due to the rash and negligent driving of the motor cycle by the 3rd respondent. The Tribunal laid specific emphasis on the evidence of PW2 Murugan who deposed that the vehicle was driven by 3rd respondent with the deceased as a pillion rider. As a result of the rash and negligent driving, the vehicle hit against the center median of the road on which iron rods were fixed. As a result of the impact, the deceased hit against the iron rods causing a deep cut injury in his neck resulting in his death.